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“No one believed me” is a quote from Merri Utami, who was sentenced to death for drug trafficking in Indonesia in 2002. Her quote reflects the injustices faced by women accused of capital drug offenses around the world: many decision-makers disbelieve women’s plausible innocence claims or discount the effects of relationships and economic instability on women’s decisions to traffic drugs.

• Document type NGO report
• Themes list Drug Offenses / Women
• Available languages

Written by a team including experts in the fields of capital defense, gender rights, gender-sensitive mitigation and the rights of transgender persons, the guide includes sections on gender-based violence, women’s mental health, prison conditions, discrimination in the legal system, working with the media, and how to build a gender-sensitive team. It also includes a step-by-step gender-sensitive interview protocol that builds on resources developed by the anti-violence community and is tailored to the needs of defense teams.

• Document type Legal Representation
• Themes list Legal Representation / Women
• Available languages Défendre les femmes et les personnes transgenres confrontées à des peines extrêmes

This publication seeks to make visible the gender and intersectional discrimination faced by women in the judicial process leading to the death penalty. Through the various articlesin this publication, the authors bring to light the reality of women facing the death penalty through a different lens.

The first author, Shekinah Bright Kiting’a, in making a compelling case for abolition of the death penalty, explores how the death penalty uniquely affects women in the context of motherhood. Further, she highlights the rights and well-being of the children affected by their mothers’ death sentences, revealing flaws in our legal and ethical systems. With the overall aim of advocating for its abolition due to its significant impact on both parenthood and children’s rights, her article seeks to push for reforms that honour motherhood and prioritize children’s well-being in these difficult circumstances.

Kenaya Komba dissects gender disparity in the judicial system by exploring the intersection of domestic violence and the death penalty. In making a case for a restorative approach to justice, her article analyses the impact of capital punishment on victims of domestic violence and the systemic injustice and biases they continue to grapple with. Her elaborate analysis of the Constitution of Kenya, 2010 and the Protection Against Domestic Violence Act, 2016, highlights the urgent need for reform in the legal system.

While Analyzing the role the media plays in shaping perceptions of women on death row, Patricia Chepkirui evaluates the implications of positive and negative media portrayals of such women by highlighting the ethical responsibilities of media in the coverage of women on death row cases. The article ultimately underscores the significance of responsiblemedia coverage in ensuring that media exposure of cases of women on death row is fair,balanced, and respectful of their rights and dignity.

Alex Tamei delves into the intricacies of abuse, gender-based violence, and trauma as mitigating factors in death penalty sentencing for women. His article comparatively analyses two Kenyan cases of murder in retaliation to intimate partner violence, seeking to shed light on the plight of victims of gender-based violence. The article effortlessly brings out the nexus between the death penalty and intimate partner violence and makessolid recommendations for change.

The fifth author, Patience Chepchirchir, delves into the nexus between psychological abuse and provocation. Through her article, she brings out the scope of psychological abuse while focusing on the linkage between emotional abuse and provocation and how the same can be considered as mitigating factors. Through an elaborate analysis of case law, she makes a case for psychological abuse of women as a mitigating circumstance during sentencing.

Stella Cherono’s article reflects on the intersectional discrimination faced by women in the criminal trial process leading to death row. The article highlights the complex and overlapping forms of discrimination women experience during the pretrial, trial and sentencing stages. Through her comprehensive analysis of gendered pathways to offending and imprisonment, she challenges how society perceives discrimination.

Loraine Koskei Interrogates the emerging jurisprudence on Intimate Partner Violence.Her article lays out the gendered factor in the commissioning and sentencing of women convicted of murder and offers possible recommendations.

• Document type NGO report
• Countries list Kenya
• Themes list Death Row Conditions  / Fair Trial / Gender / Women

Published in December 2023.

In “Death by Design” Parts 1 and 2, Wren investigated the state of court-appointed capital representation in Harris County—the death penalty capital of the world.The first report delves into the failings of the lawyers in capital cases.

Wren recommends a total overhaul to the system of capital representation for poor defendants in Harris County, with either the public defender absorbing those cases or the judges establishing a new, freestanding capital public defender that is independent from judicial oversight.

• Document type NGO report
• Countries list United States
• Themes list Legal Representation

In this report, we summarise the current international position on clemency and the death penalty and compare it to snapshots of the clemency processes in the following Southeast and East Asian countries: Thailand, Malaysia, Singapore, Indonesia, Vietnam, Japan, Taiwan, and China. All references to clemency in this paper are in the context of reprieve from the death penalty.

• Document type NGO report
• Countries list China / Indonesia / Japan / Malaysia / Singapore / Taiwan / Thailand / Viet Nam
• Themes list Clemency

Decades of research on the administration of the death penalty have recognized the persistent arbitrariness in its implementation and the racial inequality in the selection of defendants and cases for capital punishment. This Article provides new insights into the combined effects of these two constitutional challenges. We show how these features of post-Furman capital punishment operate at each stage of adjudication, from charging death-eligible cases to plea negotiations to the selection of eligible cases for execution and ultimately to the execution itself, and how their effects combine to sustain the constitutional violations first identified 50 years ago in Furman. Analyzing a dataset of 2,328 first- degree murder convictions in Georgia from 1995–2004 that produced 1,317 death eligible cases, we show that two features of these cases combine to produce a small group of persons facing execution: victim race and gender, and a set of case-specific features that are often correlated with race. We also show that these features explain which cases progress from the initial stages of charging to a death sentence, and which are removed from death eligibility at each stage through plea negotiations. Consistent with decades of death penalty research, we also show the special focus of prosecution on cases where Black defendants murder white victims. The evidence in the Georgia records suggests a regime marred less by overbreadth in its statute than capriciousness and randomness in the decision to seek death and to seek it in a racially disparate manner. These two dimensions of capital case adjudication combine to sustain the twin failures that produce the fatal lottery that is the death penalty.

• Document type Academic report
• Countries list United States
• Themes list Fair Trial

Abolitionnist portrait

• Document type Campaigning
• Themes list Trend Towards Abolition
• Available languages Portrait d'abolitionnistes

This report addresses the Maldives’ compliance with its human rights obligations with respect to the death penalty. Despite its long-standing, de facto moratorium on executions, the Maldives sentenced two people to death in 2019, after sentencing no one to death in 2018.[1] At the end of 2019, there were 19 people on death row in the Maldives – three of whom had exhausted their appeals and five of whom were juveniles when the crime was committed.[2] The Maldives sentenced another individual to death in 2022, which represented the first time the country sentenced a foreign national to death.[3] The continued use of the death penalty in sentencing is particularly concerning given evidence of due process violations, including the use of torture to obtain confessions, the lack of effective and accessible complaint mechanisms for detained individuals, the lack of an independent judiciary, and the use of the death penalty as a sentence for crimes committed by juveniles.

• Document type NGO report / World Coalition
• Countries list Maldives
• Themes list Cruel, Inhuman and Degrading Treatment and Punishment

On 10 October 2022, the World Coalition and abolitionists around the world celebrated the 20th World Day Against the Death Penalty (‘World Day’). Every year on World Day, the World Coalition highlights one problematic aspect of the Death Penalty.

• Document type Campaigning / World Coalition
• Available languages Rapport journée mondiale 2022

Published on April 8, 2024.

As the Constitutional Court of the Republic of China considers a challenge to the constitutionality of the death penalty, Amnesty International Taiwan and the World Coalition Against the Death Penalty submitted a joint amicus curiae intervention, to ensure the protection of the rights of all those under sentence of death. The amicus interveners argue that the use of the death penalty in the Republic of China constitutes a violation of human rights as guaranteed under the Constitution and international law and standards; and sets the country against the global trend, which remains overwhelmingly in favour of abolition.

• Document type NGO report
• Countries list Taiwan
• Available languages 憲法法庭法庭之友意見書 主案案號：111年度憲民字第904052號 法庭之友：國際特赦組織台灣分會 均詳委任狀 代 表 人：林綉娟 理事長 代 理 人：陳瑋珊 律師 均詳委任狀 均詳委任狀

Published in 2023.

While 70% of the world’s countries have abolished the death penalty, also known as capital punishment, much of the United States continues to use it in its criminal legal proceedings.According to the Death Penalty Information Center, at least 190 people were exonerated prior to their fated execution date after being wrongly convicted and sentenced to death in the United States. There is no way to tell how many of the 1,562 people, who have been executed in the United States, were actually innocent. As there are wrongful convictions still happening today, it is no surprise that most countries consider the death penalty a human rights issue.

• Document type Academic Article
• Countries list United States

This document has been compiled by the Secretariat of the World Coalition Against the Death Penalty with substantial aid from member organizations, including Abdorrahman Boroumand Center, Amnesty International, Cornell Center on the Death Penalty Worldwide, Free Mumia ! French Support Group (Collectif français “Libérons Mumia !”), German Coalition Against the Death Penalty, Justice Project Pakistan, […]

• Document type Campaigning / World Coalition
• Available languages TEMOIGNAGES - 21ème Journée mondiale contre la peine de mort

Qatar had been maintaining a de facto moratorium on executions since 2000, but courts continued to sentence people to death. In 2020, however, Qatar executed a Nepali migrant worker by firing squad. Qatar’s death penalty practices are not in compliance with the Covenant. Qatar does not limit the death penalty to the most serious crimes, it is not taking steps toward a de jure moratorium on executions or ratification of the Second Optional Protocol, and it does not ensure that defendants in capital cases have a fair trial. Recent history suggests that a migrant worker may be more likely to be sentenced to death and executed for killing a Qatari national, as opposed to a non-citizen. Migrant workers are particularly vulnerable in the context of the country’s criminal legal system.

• Document type NGO report / World Coalition
• Countries list Qatar

The mainstream legal community, including the ABA, has long understood the importance of system-building, but the revised Guidelines state the point especially forcefully. In articulating “the current consensus about what is required to provide effective defense representation in capital cases,” they set high performance standards not just for lawyers, but for death penalty jurisdictions. As the problems are systemic, it is “imperative” that the solutions be.The Guidelines accordingly not only call on governments to deliver capital defense resources that are sufficient in amount, but also furnish the states with a user-friendly blueprint for using those resources wisely to create structures that will function well in the present and evolve effectively over time. This mandate for institution-building is welcome, and the states should lead it. Indeed, they must do so if the Guidelines are to achieve their ameliorative purposes and avoid becoming just a collection of lofty aspirations “‘that palter with us in a double sense, that keep the word of promise to our ear, and break it to our hope”.

• Document type Article
• Countries list United States
• Themes list Legal Representation,

The South Pacific forms a cohesive region with broadly similar cultural attributes, legal systems and colonial histories. A comparative analysis starts from the assumption that these countries should also have similar criminal justice policies. However, until 2022, both Papua New Guinea and Tonga were retentionist death penalty outliers in the South Pacific, a region home to seven other fully abolitionist members of the United Nations. In this article, we use the comparative method to explain why Papua New Guinea and Tonga have pursued a different death penalty trajectory than their regional neighbours. Eschewing the traditional social science explanations for death penalty retention, we suggest two novel explanations for ongoing retention in Papua New Guinea and Tonga: the law and order crisis in the former and the traditionally powerful monarchy in the latter.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119

• Document type Academic report
• Countries list Papua New Guinea / Tonga

Greater Caribbean for Life has launched its educational toolkit to assist activists and organisations as they work toward abolishing the death penalty in the Greater Caribbean. The production of this toolkit forms part of GCL’s activities under its EU partnered project to educate on death penalty abolition in the Eastern Caribbean and Barbados.

The launch of the toolkit is timely as a few of these target countries recently voted against adopting the UN Moratorium on the use of the death penalty and countries that had previously chosen to abstain have now firmly voted against the resolution.

GCL members condemn the rise of violent crime in our region and express solidarity and compassion with the victims of crime, however, we reject the notion that capital punishment will act as a deterrent or foster respect for life in our communities.

It is our hope that this toolkit will assist in promoting respect for the right to life for all human beings in the Caribbean region.

• Document type Lobbying
• Countries list Barbados
• Themes list Trend Towards Abolition